EU law and EU law requirements produce an enormous weight on sub-state entities (federated units in federal states, regions, provinces and municipalities). Indeed, all these entities are responsible for the material application of EU law, having to ensure their administrative application and judicial enforcement. Moreover, depending on territorial repartition of state power among constituent units, some of these sub-state entities could have been awarded rule-making capacities to a different degree. Hence, and in these cases, these entities would also be responsible for the legal application of EU law requirements, resulting in the necessity of having to adopt transposition norms, regulatory provisions and legal acts of a different nature (from legislative acts to administrative acts).

In addition, all these sub-state entities have legal standing before the Court of Justice of the EU, to contest EU acts which are of their individual and direct concern. Also, they can ask for their participation as intervening parties in other ongoing procedures. Consequently, and in both cases, they can act as litigants against the action of EU institutions they presume illegal and resort to the procedures established by the court.

Moreover, many of these entities pursue an active policy of advocacy of their interest vis-à-vis the EU institutions and at different European fora through different formulas (representation offices in Brussels, lobby strategies, etc.). Finally, all of them can intervene in the decision-making process of the legal instruments they will have to adopt later on. Although the type of participation and their degree of influence in these processes is regulated by national law provisions, there are some EU instances or procedures where they can participate (European Committee of the Regions, working parties of Council, lobbying in the European Parliament, etc.).

Against this backdrop, this training will strive to chart the position of sub-state realities in the EU legal system.

What you will learn in this course

The seminar, which has a practical aspect, will aim to transfer to its participants the practical skills required to voice and represent the interest of local governments in the process of adopting EU legal acts. The seminar will equip them with the know-how necessary to ensure their correct legal absorption and administrative application once the acts are approved. This correct enforcement and application is necessary to avoid situations where these authorities breach EU law, whose prosecution by the Commission could lead to imposing severe economic sanctions on the Member State in question. Finally, the seminar will instil in participants the necessary know-how (strategies and skills) to defend the interest of local governments before the court when these governments decide to participate in the procedure as plaintiffs or as a intervening parties.

By the end of the course, you will

have acquired an up-to-date knowledge of the different sources of EU law and an understanding of the obligations on sub-state entities resulting from them, so you can ensure their correct material and legal application;
have a clear understanding of the criteria for the distribution of competences between the EU, state and sub-state authorities, so you can determine the roles of your entity in the implementation of European policies and, hence, devise a coherent normative and policy plan in connection with the policy actions of the other two levels (EU and state);
have an insight into the different EU mechanisms (formal and informal) and fora where sub-state interests can be presented and advocated, and a grasp of the most useful strategies to influence EU policy outcomes;
have a clear comprehension of the principles (primacy, direct effect, etc.) that govern the relations between the legal order of the EU and that of the Member States, and their implications on the work of civil servants of sub-state administrations when applying EU norms (duties of consistent interpretation, of dis-applying the state/sub-state provision contradictory to EU law, etc.);
have an understanding of the situations and cases in which sub-state entities can initiate a legal procedure before the Court of Justice of the EU and the practical know-how to properly operate in the different phases of the procedure (how to draft a complaint, how to respond to the written allegations of the defendant EU institution, how to plead before the court before and during the hearings).

Who this course is for

Public sector employees from sub-state entities in their different levels (federating units in federal states, regions, provinces, municipalities) in charge of, or involved in, the transposition of EU law and in the administrative application of EU legal requirements;
Elected officials from the above-mentioned entities, holding a political mandate and responsible for conceiving and devising public policy on the basis of EU demands and requirements;
Personnel from offices in Brussels in charge of the representation and advocacy of territorial interest vis-à-vis EU institutions and in formal and informal negotiation fora;
Magistrates from these jurisdictional demarcations, who want to gain a further grasp on what their role is in the jurisdictional application of EU law;
Private practising lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge on this topic and obtain a comprehensive overview.

Course methodology/highlights

This seminar will present up-to-date and in-depth contents of highly practical professional value for its participants, delivered by a team of expert speakers from the relevant EU entities and sub-state authorities. The seminar will combine content sessions with others of an interactive nature (case studies, panel discussions), allowing ample time for exchange and networking among experts and participants. A study visit to relevant European and national authorities is also foreseen.